R v Farrell [2019] NSWDC 835

R v Farrell [2019] NSWDC 835

The offending was premeditated, deliberate and continuing, was committed from custody through others, publicly identified informer witnesses to the criminal milieu, caused actual detriment to the victims, created a high risk of serious harm, and constituted a direct attack on the justice system. Given the offender's...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 October 2019
Procedural Posture
Criminal Sentence / Sentence Following Pleas of Guilty in the Sydney District Court
Outcome
Convicted and sentenced to an aggregate term of imprisonment of 3 years with a non-parole period of 1 year and 6 months.
Legal Topics
['cause Detriment to a Potential Witness' 'form 1 Offence' 'contravening a Prohibition/restriction in a Domestic Violence Order' 'informer Witnesses' 'parole Revocation' 'special Circumstances' 'aggregate Sentence']
['criminal Law' 'sentencing' 'domestic and Personal Violence'] ['cause Detriment to a Potential Witness' 'form 1 Offence' 'contravening a Prohibition/restriction in a Domestic Violence Order' 'informer Witnesses' 'parole Revocation' 'special Circumstances' 'aggregate Sentence']

Source-derived case record

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Procedural Posture

Criminal Sentence / Sentence Following Pleas of Guilty in the Sydney District Court

Legal Issues

  1. 1 ['What sentence should be imposed for two offences of causing detriment to potential witnesses contrary to s 326(2) of the Crimes Act 1900.' 'Whether and how to take into account the Form 1 offence of contravening a prohibition/restriction in a domestic violence order contrary to s 14(1) of the Crimes (Domestic and Personal Violence) Act 2007.' 'The objective seriousness of publishing material identifying informer witnesses on a public Instagram account while the offender was in custody.' "Whether the offender's time in custody since 5 July 2017 and parole revocation justified backdating or special circumstances." 'The weight to be given to the guilty plea, subjective circumstances, rehabilitation prospects, and specific and general deterrence.']

Ratio Decidendi

The offending was premeditated, deliberate and continuing, was committed from custody through others, publicly identified informer witnesses to the criminal milieu, caused actual detriment to the victims, created a high risk of serious harm, and constituted a direct attack on the justice system. Given the offender's criminal history, commission of similar offending while on revoked parole and in custody, poor rehabilitation prospects, and the importance of specific and general deterrence, no sentence other than imprisonment was appropriate. The Court imposed an aggregate sentence but found special circumstances to adjust the non-parole period because of the total time in custody since 5...

Court Disposition

Convicted and sentenced to an aggregate term of imprisonment of 3 years with a non-parole period of 1 year and 6 months.

Orders

  • ['Special circumstances found to take into account total time in custody since 5 July 2017.' 'Indicative sentence for offence 005 with Form 1 offence 2017/00203515 004: 2 years and 4 months imprisonment.' 'Indicative sentence for offence 006: 2 years and 6 months imprisonment.' 'Aggregate sentence: imprisonment for...